Khamisi v. Hamilton County et al

Filing 3

DECISION AND ENTRY adopting Report and Recommendations re 2 Report and Recommendations.. Signed by Judge Timothy S. Black on 2/28/19. (rrs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JELANI KHAMISI,
Petitioner,
vs.
HAMILTON COUNTY, et al.,
Respondents.

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Case No. 1:17-cv-819
Judge Timothy S. Black
Magistrate Judge Stephanie K.
Bowman

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 2) and
TERMINATING THIS CASE IN THIS COURT
This case is before the Court pursuant to the Order of General Reference to United
States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the
Magistrate Judge reviewed the pleadings filed with this Court and submitted a Report and
Recommendation recommending that Petitioner’s pro se petition for a writ of habeas
corpus be dismissed without prejudice to refiling after Petitioner has exhausted all
available state court remedies. No objections were filed.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has
reviewed the comprehensive findings of the Magistrate Judge and considered de novo all
of the filings in this matter. Upon consideration of the foregoing, the Court does
determine that the Report and Recommendation should be and is hereby adopted in its
entirety. Accordingly:
1.

The Report and Recommendation (Doc. 2) is ADOPTED;

2.

The Complaint is DISMISSED without prejudice to refiling after
Petitioner has exhausted all available state court remedies;

3.

A certificate of appealability shall not issue because Petitioner has not
made a substantial showing of the denial of a constitutional right that is
remediable at this juncture;

4.

Pursuant to 28 U.S.C. § 1915(a)(3), any appeal of this Order would not be
taken in “good faith” and Petitioner is denied leave to appeal in forma
pauperis; and

5.

The Clerk shall enter judgment accordingly, whereupon this case is
TERMINATED on the docket of this Court.

IT IS SO ORDERED.
Date:

2/27/19

s/ Timothy S. Black
Timothy S. Black
United States District Judge

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